Uganda: Mukasa and Another v Attorney-General (2008) AHRLR 248 (UgHC 2008)
[29.] Mr Rwakafuzi, learned counsel for the applicants, invited court to answer all these issues in
the affirmative and award his clients general damages of at least shs 10 million each. His
argument was based on the principle that a person’s dignity is guaranteed by the Constitution
and should not be injured by anyone. That any injury to a person’s dignity should be therefore
condemned by the courts and the injured person should be compensated in damages. This
application is basically about human dignity, which should be protected. Decided cases say that
when a citizen says that his or her rights have been infringed by the state, then the state has the
burden of proof to show that is was actually not true and that it was done in public interest. The
state has not discharged that burden of proof because it has not denied that the LC1 Chairman
was acting as an agent of the state.
[30.] Additionally, and in relation to the LC1 Chairman, Mr Rwkafunzi submitted that he was not
a witness of truth. He stated in cross-examination that the applicants were in the bar giving gifts
to the patrons. It is therefore inconceivable that in an atmosphere where people are receiving
literature in a bar, from the applicants there would be people wanting to lynch them at the same
time.
[31.] The applicants’ case is that there was no bar incident at all. The bar incident is a figment of
the Chairman’s fertile imagination. He set it up so that he could justify his acts of torture against
the innocent girls. There was no bar incident and no lynching because if it were true that there
were so many people against the girls in the said bar, why should they continue to do what the
Chairman alleges, namely kissing in public? Secondly if it were true that there was this bar
incident and the second applicant was held by her hand by the Chairman and taken to police as
stated by the Chairman, to the police, then the OC could not have deponed that they were
exchanging hot words.
11 / 19
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents